The death of a person because of the misconduct or negligence of a third party may be considered a wrongful death, and a lawsuit for that may be filed by surviving family members of the decedent. This may be death due to murder and other criminal activities where the same evidence brought in a criminal proceeding may be used although the standard of proof in a civil action is lower.
A defendant in a civil lawsuit may be acquitted in criminal court but found liable in a wrongful death suit. A classic case is that of O.J. Simpson who was acquitted of murdering his wife in 1994 but found liable for her death as well as that of a man named Ronald Goldman three years later, the jury deciding that an award totaling $33.5 million was appropriate.
Each state has its own set of statutes for wrongful death suits, but in general a wrongful death suit can be filed by close family members or a personal representative of the victim’s estate, and the award, if forthcoming is divided equitably among the plaintiffs. In some states, two separate actions can be filed for the benefit of the surviving family members and for the benefit of the estate. In California, however, only one civil action can be brought for a wrongful death suit (California Code of Civil Procedure § 377.60-377.62).
For a wrongful death suit to prosper, the following must be in evidence: someone died; death was caused by negligence or intent to do harm of another person or entity; surviving family members experienced pecuniary harm as a result of the victim’s death; and there is a personal representative of the estate. As such, a wrongful death suit may apply in a vehicular (land , air or water) accidents, occupational exposure to toxic substances, criminal behavior, and death occurring while engaged in a supervised activity i.e. school.
Damages in a wrongful death suit can be extensive, as explained on the website of The Seegmiller Law Firm, and may include compensation for actual pecuniary losses. This may seem simple, but in fact it is difficult to determine the extent of this because so many factors impinge such as medical and burial expenses, future income, life expectancy, and loss of parental guidance. The jury may also award punitive and survival action damages which includes the pain and suffering experienced by the victim prior to actual death.
A wrongful death suit is complicated, and needs the expert legal knowledge of a wrongful death lawyer to carry out properly. If you believe you are entitled to compensation for the death of a loved one, do not hesitate to find a competent lawyer in California to help you.
Aside from the benefits of skin rejuvenation, Intense Pulsed Light (or IPL) therapy is also used for permanent hair reduction. IPL for hair removal has been rising in popularity in recent years, and with a wide variety of devices that have been made available now, IPL hair removal treatment are no longer the domain of dermatologists and doctors. Today, you can get IPL hair removal treatments even ay day spas, and at a med spa you can have this treatment at a relatively low price.
Using IPL for hair removal would involve either utilizing a flash of light that has hundreds of wavelengths. The light will be targeted towards the melanin inside the hair follicles, heating it up and damaging the follicles and prohibiting the regrowth of hair. IPL hair removal has some limitations, however. Those who have gray or white hairs may not have as much response as those whose hair has color, and effects may differ depending of the hair and skin color.
Although it is rising in popularity, it should be understood that IPL hair removal is not for everybody. Dr. Shib‘s website informs patients that before getting the treatment, they should first consult with their doctors or dermatologist whether they are a good candidate or not. They should also be sought first to check your skin type and hair color. Past medical history should also be considered, and present medications that you might be taking can be a cause for complications following an IPL hair removal treatment.
In order to get the safest and best results, make sure you ask questions first and research about medical spa options. Ask about the qualifications and the training that the clinic staff has, and know who is going to perform the treatment on you. Make sure that the Auburn med spa or clinic that you choose have the necessary license with medically-trained staff, with a doctor or dermatologist who oversees that procedures. If you are doubtful about a clinic or med spa or don’t seem to see results after a couple of sessions, it would be best to just walk away and find another clinic that 3ould provide you with results.
All crimes related to drugs are serious offenses in the United States. Those charged with drug crimes are threatened by lengthy jail terms and huge fines. Equally hurting are the consequences of a criminal charge. For not only can it ruin one’s career; it can also entail lots of limits and inconveniences in one’s life, including difficulty in finding a decent place to live in, international travel restrictions, difficulty in obtaining professional licenses and unfavorable effects on custody and visitation rights.
Acts related to a drug crime include manufacture, selling, distribution, possession or use of prohibited drugs and drug-related equipment. One kind of drug that has been illegalized in the US is cocaine; the second most commonly used drug in the US (after marijuana or cannabis) and a Schedule II drug according to the US Controlled Substances Act (or CSA, which is the second title of the Comprehensive Drug Abuse Prevention and Control Act of 1970) because of the high tendency for its addictive use. In very rare cases, however, cocaine has been administered to individuals for medical purposes.
For many young adults, cocaine is more known as a party drug, due to its tendency to keep them awake and active throughout the night. To professionals, it carries a reputation as “a rich man’s drug,” as those who usually use it are members of the middle and upper classes.
The punishment imposed on individuals involved in anything related to cocaine is harsh; it becomes even harsher if the amount of the illegal drug increases and still worse if there is a case of injury or death connected. Thousands of dollars plus imprisonment can be imposed on individuals in possession of small amounts of cocaine. Possession of more than 500 grams can result to 5 – 40 years behind bars; if traces of death or serious injury will lead to the crime, a $2 million-fine and a jail term of 20 years to life may await a convicted individual.
Any drug crime, but more especially one that is cocaine- related, is a major offense. On its website, the Law Offices of Mark T. Lassiter rightly says that drug crimes require a tough and experience criminal defense attorney, who knows what it takes to win a case. But not all criminal defense lawyers have the same extent of court experience, level of determination and dedication in defending clients. Entrusting a case to one who lacks the above factors may just cause a defendant his or her bright future; thus, it is absolutely necessary that an accused finds only the best lawyer for his or her defense.
Unfortunately, sometimes good people make mistakes. If you have been charged with a drug crime and are suffering the consequences, you might consider expunction. An expunction will help clear your criminal record. Contact an expunction attorney today for more information.
If you’re living in a rural area, where vehicles are fewer, traffic is light and drivers seem to be more friendly and relaxed, riding your motorbike wherever you intend to go is much safer compared to the city. Despite driving along dirt roads, statistics show that there are far lesser motorcycle accidents in rural places than in suburban towns.
Motorcycles are fun to ride, besides the fact that it can take you faster to your destination. In cities, however, the safety of riders is often compromised due to traffic congestion and the fact that many motorists fail to recognize riders’ right of way. And whenever a rider figures in an accident, his/her injuries are most often severe due to the lack of protection, aside from the helmet, that ought to protect his/her body from impact.
Though it is true that many motorcycle accidents involve drunk riders, who drive straight to still objects, like a telephone pole or a concrete structure, there are more that occur due to multiple-vehicle collisions (motorcycle plus another motor vehicle), based on a research conducted by the National Highway Traffic Safety Administration (NHTSA).
In fact, from the average 3, 500 motorcycle accidents reported annually in the US, more than half are multiple-vehicle accidents, with impingement on motorcyclist’s right of way being the major cause. Collisions usually occur at intersections, where other motorists make a sudden turn, or along major roads, where some drivers make sudden lane changes, without first checking for possible approaching motorcycles. Thus, in the event of an accident, it is the rider who usually is the only one hurt, sustaining injuries that increase in severity based on the size of the other vehicle and the speed of both (motorcycle and the other vehicle).
Surprisingly, research also shows that majority of motorcycle accidents happen during short trips – to a convenient store or shopping mall or to a friend’s house – and quite immediately after leaving the place of origin. Also, many of those who get involved in accidents are those who tried to learn to ride personally or who were taught by kin or friends, never receiving formal training from any accredited riding school.
Being able to prove that the accident occurred due to the negligence or carelessness of the other motorist gives the rider the legal right to pursue justice and receive compensation from the liable party. The injury sustained in the accident, termed as personal injury, can cause the rider (victim) financial burden rising from medical treatment and possible loss of wages if the injury causes him/her to miss work for days.
Personal injury cases are complex and oftentimes stressful for the victim and his or her family; thus, seeking the services of a really knowledgeable, experienced and determined lawyer who will make sure that your rights are protected through the whole legal proceedings is essential. Having such a lawyer is necessary even when the liable party offers to settle out of court – to make sure that the victim is given the amount of compensation that he/she really deserves, considering present and future medical treatment and amount of wages lost.
For trucking firm owners, attending to matters that involve volumes of paperwork and documents required for business application/operation by both the federal and local (state) government licensing agencies and other regulating groups, is highly necessary; they also believe, however, that this consumes so much time, taking their minds away from running their business.
Another factor that greatly affects trucking operations is the delay in payments from brokers and shippers. Often, owners and operators allot 30-60 days waiting period for payment of freight bills – a possible threat to a trucking business’ cash flow, especially if the firm is new in the business arena.
In 2004 the Truckers Bookkeeping Service (TBS) was formed with the intent of providing easy, flexible cash flow solutions for trucking firms. This cash flow is coursed through freight bill factoring, a type of financing assistance for brokerages and freight carriers suffering from cash flow problems due to the slow or delayed payments from shippers and other clients. TBS knows how important cash is, especially for new and developing trucking firms. It is the source of overhead costs, payroll, improvements, taxes and other necessary expenses. Thus, by fueling cash flow, owners and operators can focus more on running business operations effectively.
Though factoring may be a perfect source of financial assistance, truckers should understand that the cash solutions it offers are not loans but (discounted) payments to the invoices or receivables truckers are willing to sell. Once a trucking firm sells its invoices, it can do whatever it wants with the cash payment received from TBS; meanwhile, TBS will be the one worrying and waiting for the slow and delayed payments from shippers and clients.
Truck factoring may be availed through two different programs, Recourse Factoring and Non-recourse Factoring. Recourse factoring involves an agreement, between the factor and the trucking firm, which states that the trucking company will have to buy back the invoices from the factor if such invoices still remain unpaid after a predetermined period, which could be between 60 and 120 days.
In Non-recourse factoring, all the risk (of non-payment by the client) will be placed on the factor that intends to buy the trucking firm’s invoices. Due to the risk faced by the factoring firm, however, the amount it will offer truckers for the invoices will be lower than what it would offer in the recourse agreement.
The construction of bridges to connect one city to another and the continuous improvement of roads and highways have made travelling by car just more convenient than ever. Car manufacturers, not intending to be left behind by all the improvements going on in the transport system, have also embarked on the production of not only better looking cars, but cars that are equipped with the latest technological features that will help ensure road safety to significantly reduce the number of road accidents.
The greater challenge, however, rests on the government in advocating programs, enforcing road traffic laws and implementing manufacturing standards that will keep accidents to a minimum total annually. Thus, the National Highway Traffic Safety Administration (NHTSA), still alarmed with the more than 35,000 fatal car crashes every year, has embarked on a stricter campaign against reckless drivers, speedsters and, most especially, drunk drivers.
Any type of car accident is always a threat. It always results to property damage, (minor of severe) injuries or, worse, death. And, based on studies conducted by Insurance Institute for Highway Safety (IIHS) and the NHTSA, drivers who are most prone to accidents are those aged between 15 and 24.
Though majority of car crashes are due to driver’s fault, there are still occasions when the cause is beyond a driver’s control, such as defective car parts, to which a car manufacturer can be held totally liable. Any defect in a car can definitely lead to an accident. Thus, there have been instances when a manufacturer would even recall a certain car model, due to defective parts, even if such recall would prove to be too costly: life is definitely more valuable than property, anyway.
On its website, Habush Habush & Rottier S.C. ®, believes that, in the case of car defects, a manufacturer should employ means that will rectify the mistake committed, even if it means making a recall. The fact is, defective cars are results of negligence or carelessness, which may involve a failure to do something which is part of the manufacturing process, or doing/adding something that should not have been done/added. Negligence requires the manufacturer to compensate anyone who may suffer from any harm that is a consequence of a defective car or car part.
In the US, every employee is entitled to compensation in the event of a work-related injury or an illness resulting from exposure to hazardous chemicals. This employee right is stipulated in the Workers’ Compensation Law which was approved by the U.S. Congress in 1908.
The law was initially intended to address the rise in the number of workplace injuries, especially in construction sites. Its main aim was to provide injured workers (or workers who developed work-related illnesses) with immediate financial assistance they will need for medical treatment, as well as cover their economic losses due to days of work missed.
Workers’ compensation is actually a form of an insurance benefit. It is never dependent on the financial capability of an employer as the source of compensation is an insurance provider. One condition for recipients of this benefit, though, is that they will have to release their employers from any legal liability for their injury or sickness.
Before the workers’ compensation was passed into law, injured workers had to file a lawsuit against their employers to be able to receive the compensation they badly needed. Lawsuits, however, only damaged whatever good relationship existed between the employee and employer; these were also almost always won by employers, who used the following arguments:
- Assumption of Risk – which means that the possibility of injury had always been accepted due to the danger associated with the job
- The Fellow Worker Rule – employers always sought exemption from liability by stating that the injury was actually caused by a fellow employee
- Contributory Negligence – an argument that states that the cause of the injury was the injured worker himself/herself.
In an article posted on their website, the workers compensation lawyers of LaMarca & Landry, P.C., whom are based in Des Moines, IA, state that every worker deserves compensation, whether from the Workers’ Compensation Insurance benefit or Social Security disability benefit (SSDI) for any work-related injury they sustain or illness they develop. They also need all the support and assistance possible, as the requirements necessary for the availment of benefits are long and complex.
Ending a marriage through divorce can be an emotionally-draining experience for anyone, more so when it comes to deciding about divorce-related issues, such as alimony, division of properties and assets, child custody, child support and visitation rights. If the divorcing spouses fail to arrive at an agreement amicably, then the issues will need to be settled in court, in front of spectators, and determined by a judge; a court decision is always final and executor. Over the course of time, however, a decision made, say about alimony, may be petitioned for changes if there will also be changes in the circumstances of the former spouses.
To some, divorce causes fears and doubts, especially for the financially dependent spouse, who may have given up professional opportunities for the sake of his/her partner and family, as a whole. Because of divorce, lifestyle may change and the profession that one has walked away from will now need to be embraced once again, so as to be able to afford a decent living, as well as pay child support if required. For more information about child support and how to initiate the process, a San Jose child support lawyer may be able to talk to you about your case.
The division of properties and assets in a divorce is often a hotly contested issue the process. Getting as much cash or as many properties as one can, is naturally the interest of many individuals since the more financially stable one is, the lesser worry for him/her regarding economic matters, at least in the immediate future after separation.
Before a judge can start dividing properties and assets, however, he/she will first need to determine which part of the wealth is marital and which is not. Non-marital properties and assets refer to anything that any of the spouses has owned even before the time of marriage. As such, these are exempt from being divided. Any earnings after marriage, even those resulting from non-marital wealth, though, are up for division. Now, when it comes to actual earnings, many husbands and wives in the past, especially the very wealthy ones, have been known to employ means that would keep their partners from knowing how much they really have, rationalizing that they are the only ones who have the right to enjoy what they worked so hard for.
In a number of US states properties and assets are equally divided between each spouse. Fairness and reasonableness, however, is the rule of the thumb in many other states. This means of division is based by a family court judge on the following factors:
- Length the marriage
- Income and property that each of the spouses has contributed into the marriage
- Age and health of each spouse
- Standard of living during the time of marriage
- Earning opportunities and income of each spouse
- Needs of the custodial parent for the child/children (if there are any)
Since the process of division is always complex, having an attorney who is well versed in family law and who is capable of making a tough defense for a spouse’s rights and interests is often necessary. The outcome of many court decisions often depends too on how well an attorney can convince a judge about his/her client’s needs. Making sure that one hires the right attorney should, therefore, be a concern in the event of divorce.
A catastrophic accident, one that can result to life-changing injuries, such as severe burns, head, brain or spinal injury, always entails expensive specialist care and, days (or weeks) off from work plus rehabilitation period, which also mean loss of income – a clear cause of financial burden for the family. To a few others, who sustain a serious, disabling injury, it would mean the end of their professional career.
A head or brain injury, in particular, may refer to cranial nerve damage, hemorrhages or neuronal injuries; it is usually caused by gunshots, physical assault, falls or motor vehicle accidents which create a forceful blow to the head. In the US, about 1.7 million individuals sustain severe head injuries each year, with more than 50,000 resulting to victims’ death.
Some head injuries are categorized as open or penetrating, which means that the skull has been cracked, resulting to direct contact (and damage) to the brain. Open head injuries, like open wounds, lead to bleeding and can cause a person to lose consciousness, suffer from a severe headache, vomit, etc. The effects of a closed head injury, however, can only be known later in life; it can, likewise, result to a severe illness, like Alzheimer’s disease.
A damage inflicted to the head may be classified as personal injury, an injury brought about by an accident resulting from someone else’s carelessness or negligence. On its website, the Denver-based firm of Hull & Zimmerman, P.C., speaks of the frustrating consequences a personal injury can cause the victim and his/her family. That besides the emotional distress and physical suffering, victims are also prone to financial losses.
Victims, however, have the legal right to file a personal injury lawsuit and receive compensation from the liable party for the financial damages and losses he/she is experiencing and will be subjected to. Having a tough and determined attorney to fight for your right and interests would be a big help in winning your case.